The Wilmington Gazette

              sya&jjaugtqn city february ta ; ot friday last mr7alfctow*jh brought before judge ducked by the w yikm m'n charge from tfn«alw.i)hn | on the officti produced a-je tier from tue , secretary of war adure»»m'ld him direc ting hinuo,t»ke mr alemuer belore one of t * judges w the cirfviit court judge dockiic^rtrrleif on thewck of the letter that the direction of the secretly i.ad been com pke wuhv rfrfil tbst no evidence h»d been ad d.irclpthofwsemedto req.iineany proceeduiu on l»i vftt " rhi tho oftlc cm di^harge and of cauiits wicsuumi air airx jmiiur - . • • on mowlty mr lie deliver l m^ft ted states on w.mocron lor a writ oc w«m criui-in the f saiuuel wartw^«u • wltodsi id u wasnothvs w«h mvuus j$arl suiinett to mkc any rwu give tt>«lr dpioion the next d;»y • on tumday mr harper observed that » the ctnwt had nnt k iv«i an opinion on the mo lion nu,d.-by mr lee k *««- f «««• vetm iti.mn mum lobe snrd *! e tl for br l>ick bo!l»«nn he l il»e er«fn£ieed to n.uke thi ronuew from un deiirtanitmt that the court hail some difficul tyoncerramik.ints which bad not bcen «» ihy examined by ml loe a their undo • b the cfiief justice trti : the rnurt.would hear messrs bluper and m«rtm to-moi*ow we have recewedtn^ville paper omhe 17th of january foiitniningan account olthe hismm^iotiof themili'iadi-diarned by general ; mlr 9 jackson undev the • imttretston that mxianu'ei exi%ted fbr their wnimomk embo hied these proceedm^impremivdy man ife-it the of the t.ite of tenneteee we shall give them ewire m our r.exu extract f e itfterfn thi g«*rmtcrt*m ■ • e^trr * imt(tr ofctngrttt dottd knogvlu yon may rest aisured nothing i i be mpvohen-led vow anr misconduct in the peo pic of tennessee no rtc ubt some rnalcon ients are among us but their party nt*om si-n^cant to disturb the public tranquihty ex'.rccl of a utter dated ttashiilu jamtary 19 1807 «« i can with pleasure and great confidence assure you that there is no section of the u sta.es more firmly attached to the govern wnt and union of the u s than thi part of t nnessee d'jrr ha frequently vutted nash mlc ha been treated iih marked attentmrt bv few indivvdial ; but i hop and believe bat ihis wan induct by the motive of ho lality to stranger however 1 am certain lh;,t none here wonw cu-opetate in uchde derate and wicked undertakings except there inii be a few rtcneraic and embarrassed men as soon ns tfie pawifr mind became in formed bv the premdem's proclamation you can have rid conception how hi k h the public piriiatlon rose against all who were even tuspected extract of a letter dated varyviue ten jan * 19 i8or » the intrigues of burr have had no in flurncc in this part or the slate and have on ly m-ivcci to excite contempt 1 hope we khall be all wuii enough to know that our na tion il feuciiy depend on our unioii expect from a letter dated nathiilu january s3 «' o.i the subject of our united intereeti your i.lea are altorether correct and wh1 b n r the test of everlasting age the di mberment of the western from he atlan tic utea would bring down upon us difficul ties that would hardly be repaired in ages the very idea of nuch a thing under ex.stmg jtrcumstirtce i«on e of the most foolish and preposterous that ever entered the brain ofa sv m»n h k out of all calculation and r on to suppose that a meaiui-e of tin kind eouldbexctcj or would be a.tempted when there is not one ingle advocate for uch a chemein all the w»-iern country the following it the rttlniondtfbtrtd b jvtp f1tz ifugffon the commitment of meitrt boll ma sandswarlwqut on a ehorg et treason , , my extreme indisposition ha prevented tne from preparing any rcm«rk in support or se opinion which i am died on to kit ; but iince it has been thought proper by the mem lr of the court to assign our reasons for the ourse wl»icu has been pursued i shall ex cess those mutants which at pre*ent oc t m n iue*lton ba been argued t if it » ere now before a jury who was called on to con vict or acquit the prisoners without wool le-ctins thai we are at that t»gft irh«rc in the language of uneooowitutiaq otobable c i»e optorted by oath or amrtatft * wtrci . eat tm remark t.**ces«ai-y » utewunk many rf uw conc>usion*of couii «•« i 0 [" rjet intliislncipienlsiate in evidence 1 alw!»v <* purtt r.nd sucil as would be mad mi«ib!e t the final trial a warrant g*e forth to apprehend atvd afterwards to cori i mil dn the suggestion of sp individual suf : ported by oath th a crime has been com | milled the affidavit is mnh »" the abseijot of the shpposed offender in4 no more ctr tsinty is revjtrired than probable cause 1 .. o7 • uw u.s tol u jvi ibo there mast he tn confession hi open court on ibe testimony of two witnesses to the same overt ucw to con vict oneoftrefcson - whereas probable cause supported by oath or nffirmatipn will autho rise issuing a warrant in no cu»e whelheri criminal or civil is an affidavit evidence a the trial became twken in the absence of i the party against whom it is intended to ope : ratt ; ahrt yet it has il*ay been cinsideresv . as sufficient lo justify anting a wurralit of ar rest fhese enquiries obviously occur : 1st it there prnbablo cause to believe that any tret . on hm been aammtttwl against tbc v 3 ami this supported by oath c ! 9d are the prisoners implicated in the treason f - and 3d how whether as principals or on ly guilty of misprison of tieassn i thut there i probable cause to believe that treason has been committed by col hurr tb ptiblic rttnidurand universal alarm which seems to h..ve cbnvuhed oiir country front thejextremity 4e-th centre the president communication to congress and to the court afford a,t leat ground of suspicion and this is supponpd by tbe.pcmuive oaths of general eaton general wilkinson mr donaldson mr meade am air wilson all going to shew the origin existence and progress of burr's treasonable projects and acts out here the counsel for the prisoner have i ) ted that none of this mas of evidence erimi i ' nates b end have contended that the pr«bi dent's communications are inadmissible it is not generally by detached part of evidence but by a well connected chain of circumntan ces that we arrive at proof ; nor can ■ crime be made out by the proof of any solitary fae in a cbaige of murder it would not be suffici ent to shew that a mow wa given from which death ensued i but it is necessary to prove and disclose a particulat state of mind there mutt be deliberate resentment or ill will : there must be malice prepense so in treason the case now under consideration no degree of violence however atrocious no enlisting or marching men ; no injury if li mited in it object to per*o.n*lrivalship ore ven extensive enough in point of locality to contemplate and threaten the opposition and destruction of the laws or government of any one of the u s will amount to treason a gainst ih u s ti the intentioa atone which fixe the grade of the offence thi intention i only to be collected from circum stance*—and though the communications of the president do not of themselves furnish full evidence of burr's treason against the u s yet they must be considered entitled ta some weight in leading to the conclusion that there it probable cause ; but when in addition to this it is considered that the most nolemn obligation is imposed by the constitution on the president to make communications of this nature to and that he has al«o in further discharge of hi constitutional du tie ordered out the mili'in which on ordina ry and trivial occasions he is not justifiable in doing • person must be strangely incredu lout who will not admit that there is probahle cause of suspicion that a dangerous insurrec tion or treaton exists in our country a re port thu sanctioned bv duty and oath if made to this court by one of its officer would be respected and why shall not a communica tion from the first executive officer of the u nion be credited when he announces to the nation information in the kne of his duty ?— but this general ground of alarm is rendered more specific by the affidavits which have been exhibited to us if the permn who have been sworn on thi occasion are to be be lieved and no one hat vet questioned their credibility they prove a scheme laid by burr to usurp the government of the u 8 to se ver the western t»te from the union ; to e stablish an empire west of the aheghany mountains pf which he burr was to be the sovereign and new-orleans the emporium and to invade and revolutionize mexico that in prosecution of those projectshe wrote • letter to generalwiikinson the comman der in chief of the american army with the avowed object kde.ignof alienating him from hi duty and inviting him to embtrk in the undertaking and holding out to him the moit flattering and sanguine assurance nd prospects of success horrid a tbit at tempt wat yet ir the information had reach ed no further i hould have no lie»iution in ay ing that it would hare been nothing more than a conspiracy to commit treason or some other offence but when burr assure wil kinson that he'had obtained fund and actu ally commenced the enterprize ; that detach ment from varioi points and under different pretence would rendezvous on the ohio the i l|rt f nov that bia plan w to more down - rapidly from ike falls ihc t>th of nov with ita first 3 00 or 1000men'lri'llg»t boats now constructing for that purpoft : — when io d ditioji to this wilson and mesde swear that . when they left nt w-orieans j the one the fif teanlh the other i4th december die stron gest apprehension and belief universally pre vailed among the inhabitants that hurr and his confederate imd prepared an urmo4 farce an.i were marclitng to auaek and plunder the city ; and that they knew that wilkinson wat l decidedly of opinion from the most satisfac tory information that burr was wdv.aoc.ing ami under that belief he was putting the place in a posture of defence when this coincidence of circumstances fc this strength ol testimony appear there can ue little doubt of the existence fc the extent of ilurr vuswt 1 and of his having embodied/and enlisted mlb with view,t hostile to the government of l*fe country and tljut he h»t dune acts whicji • mount to levy ing war ort the united state | hurr's treason then being established we are to enquire whether the prisoner were his confederates they are repri^ented under outh to have been the bearers of itye duplicate of tyr btirrv tenet ift cypher ia vvilkinson and to xisse burr eon dence they use arguments in addftion 16 , those in the letter to invite wilkinson 6 accede to their views : admit that they have corresponded riili burr oh the subject since the delivery of the letter : that swartwout informed wilkin&on that burr with a power ful association extending from new york to ndw-orle*ni was levying an armed body of 7000 men from new york and the western states artj territories with a view to carry an expedition against the mexican provinces and thatjoo men under oolom-j swaitwout anil inujoi ttu were to descend he alle ghany for whose uccommodaiion i^a tuuti had teen built m.liwre rtady — said that new orleans w>ul be icvolittionized when the people were ready to join them and that there would be ome ailing here then i evidence of a connection with colonel uuit of a treasonable nature w,hat is it the act of congress defines misprison of treason lo be a neglect to dis close the knowledge of a treason but the prisoners have not only known of tue trea on but carried a treasonable letter know ing its contents endeavored to farther burr's views and wishes and to seduce wil kinson from hi duty the offence exceed misprison of treaton and as there is no in termediate class of offence of a treasonable nature between misprison and treason it must be treason it has been observed by the countel for the prisoners that no judge could commit on • an affidavit made before ' any other judfie this distinction is certainly new nu i be lieve unprecedented in all general warrant for arresting a supposed offender the direc tion to the officer is lo bring the parly before the persm issuing the warranty or tome other justice of peace 10v which would be at least nugatory if no person could inspect or re gard the affidavit except the person before whom it was made therefore 1 conclude that wilkinson's affidavits made before jus tiers of ihc ptuce rif new-orleans whose commissions appear to be properly authenti cated by the secretary of state are evidence at this staire of our enquiry i am therefore of opinion that the priso ners should be committed for treason against the united states in levying war against them — — knoxville january 21 extract of a letter from a gentleman in cat loiih c'j'en.j ta hit friend in thi town da ttd january 16 1807 " the people of sumner and the adjoin ing counties are volunteering fast in pursue burr and top him in hi career if possible captain bradley and captain b martin have both enlisted full companies and arc ready to set out at a moment's warning ktsfnillc jan i the heart of e»ery lover of our country must glow with the most fervent emotion of patriotism on re»dingthe following com munication it will be recollected thst the characters who compote the " corps of 1nvincibles are old revolution ry reteran who have fought and bled for the independence of their country and whose age and decrepitude have al - most deprived them ot that bodily strength requisite to use the weapons of defence but when their right are threatened whhthat loveof couniry—wiih that god like bravery and virtue which excited them to tep forward to establish their indepen ; dence have prompted them lo offer a sa crifice of their live md property to pre serve it let the recollection of their bravery stimulate the youth of our coun try ta tread the path of honor and glory > which they have done and like them be come hiorament and it priae iirov edit — — to major general andrew lacftson . ' at a moment when great mnsibillty nd even fearful apprehension for the welfare of our country hu been excited from one end of the continent to the other when iwr government the beat calculated of all nthurfe lor tn attainment of individual security and happfoes hat minded the tocsin of alarm to be ofefbe alert in up)>re*s(ng combinations of nien hostile to iho integrity oi ihe . union add interest of o\jr country it behoves alt mtn either agfed ot youthful lo coalesce in their attachment to their country in the af fections of the citizens our government tx  . ii".j ; t««t in oppressive and unner«t«»aiy co ercion at in other coonliie thrfcpncci pies which eminently charge te lite rep b'.iuin institution clearly demonstrate tlul every i citiseh whatever hia situation ma txj ought to contribute in some mode to he ippport of the government under which thm.a in«ui reablc bleating are enjoyed tht inttriu by their opinions and exhortations u them experience belongs 1 iiey know the ire culnbl bleating of freedom of thought spe'ecjii action v-aecurity of person and pro perty patriotism istbeir claim though not exclusively in a country a freedom thia it mi important ciiiia when the limit of legal active exertion ought not to b sought with a microscopic eye - so f*r as our bodily power shall admit we cheerful submit to the rigor l taikurry ioititutiout our country will require nothing uniieces«ai ily at ■ us . the thread of age will not be broken but it will be sit lo the extent ui'it strength : under tbcue inipixaiuoitk we uj^rcc toe.tu body ourselves aged and infirm as we may he ofier our services and our fortunes to bur country in support of ita laws and constituted authorities ' general james robertson captain james mention surgeon general thbmat uvertooi { major lioarel 1 alum j major clem hull | captain james tatum \ major william t l.txni i colonel joel lewis | colonel robert hays t captain william richard $ captiin stephen cantiell } captain rol'trt edmonson j major william ws>lu t captain william lyile sen { captain joshua hartley t captain jo\tn btrck t capuin jtjin v i captain joscpbcutapwi nnyor nmhville willium taif thomas talfc.>t gtrpr^e puyior thomas dillon william w hoi ton with other old veterans composing * company all over fifty y^araof brc all those marked thus | were officers in tlie revolutionary war gen jamf.s ronertsox and *• corpt of lnvlnc:lbl.li you hare the lionor to command ■ ■ the tender of your services ut tlie aerioua • ci isis when our government has warned u to be watchful is honorable r.ot only to yourselves but the country in which we live it in interesting and grateful t the present moment the executive of the union iu whom we all have confidence will not only receive it with plcatute as a uiark of attach ment 10 the government ami laws ; but the faithful hiitoritn f passing time cannot avoid noticing it as an instance of patriotism to be found only in rrpublics far their sup port they rest on the opinion and affections of the people and above all governments union of kentimenta and action it neces sary thoufth all citir.ens must be sensible of the inestimable ule»«mr we enjoy yet your rencrout expressions of thtin has filled me with emotionsof ardor a«\t-xtraordinafjr aa the occasion which gave birth to licm—majr till men cherish such sentiments it my ein cere wish arc in a government of law and freedom i entitled to a claim of pnirinu ism but it it i(|iially entioed to the highefct respret from youth the frost of oge and experience is a nrrtsmry in the morul as in the physical v*rld the duslpatcd attefi lion of men it collected and the natural re uxation of youth invigorated ilcnrt our union of sentiments iu the position that all men ought toaontrtbute their n<ite in some mode to the public good but wbrn age in iti wisdom bounds beyomtt its ordinal y limits of counsel and admonition into the hardy field of c-xertions m y god ! how can i exprets my m-n*atior>t '. ! ! age ficm the immutnble principles of the iu ef nature u emitlcd to an exemp tion | hut nhould the danger which threaten our country require your sei-vices in the field it i ho^cd that ijic occasion may be temporary and that you will only be want ing in the field of battle whure your yeart and meritorious srrvicfi will be duly consi dered there your commander-well know that your former services presence and bravery will.be equal to u regiment of men accept the thanks ol uie royurallieni and of your general to whom you so ly offered your acrvicet with the tentimentt of my crateful tttptct andrlw jackson mai gen 2d diriaicn the wilmington gazette psihtd every tuesday by ~ mlmanp hall et f xhree dquara a year payable in advance of tour dollars if not paid within a year 11th year wilmington n c tuesdak • march 3 1807 •■■■ r 1 i tnumher 53o.j